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- Evidence (2)
- Anderson v. Jersey Creamery Co. (1)
- Assault (1)
- Attorney client privilege (1)
- Automobile collisions (1)
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- Center pier (1)
- Commentary (1)
- Credibility (1)
- Cross examination (1)
- Culver v. Union Pacific Ry. (1)
- DUI (1)
- Disinterment (1)
- Doctrine of judicial notice (1)
- Employees (1)
- Equitable Life Assur. Co. v. Burns (1)
- False (1)
- Farrell v. People (1)
- Good judgment (1)
- Inferences (1)
- Instantaneous death (1)
- Iowa (1)
- Life (1)
- Mental competency (1)
- Minnesota (1)
- Mistrial (1)
- People v. Hines (1)
- People v. Carmen (1)
- Physician patient privilege (1)
- Poisoning (1)
- Presumption of guilt (1)
Articles 1 - 10 of 10
Full-Text Articles in Evidence
Criminal Law And Procedure - Evidence - Dismissal Of Prosecution For Reference To Other Crimes Of Defendant, John Barker Waite
Criminal Law And Procedure - Evidence - Dismissal Of Prosecution For Reference To Other Crimes Of Defendant, John Barker Waite
Michigan Law Review
Any discussion of Judge Pecora's declaration of a mistrial in People v. Hines must adhere firmly to the fundamental proposition that every accused person, no matter how evident his guilt nor how great the hostility toward him, is entitled to a fair trial, conducted in accord with established rules, and to the verdict of a jury uninfluenced by improper factors. But did the judge's ruling perhaps exceed what was reasonably necessary to assure the defendant of these essentials?
The Science Of Judicial Proof, H. B. Cooley
The Science Of Judicial Proof, H. B. Cooley
West Virginia Law Review
No abstract provided.
Appeal And Error - Effect Of Rule That Appellate Court Can Take Notice Of The Failure Of The Defendant To Testify, Michigan Law Review
Appeal And Error - Effect Of Rule That Appellate Court Can Take Notice Of The Failure Of The Defendant To Testify, Michigan Law Review
Michigan Law Review
In affirming a conviction on an indictment for conspiracy to cheat and defraud, the Illinois Appellate Court, an intermediate court of appeals, decided that the evidence was sufficient to justify the jury in concluding that the representations made by the defendants were false. The defendants brought error to review the judgment of the Appellate Court, one ground being that in considering the sufficiency of the evidence, the Appellate Court took notice of the fact that the defendants failed to take the stand and explain the representations. Held, it was not error for the Appellate Court on review to consider …
Coroners - Inquests - Right To Exhume Body After Burial, James W. Mehaffy
Coroners - Inquests - Right To Exhume Body After Burial, James W. Mehaffy
Michigan Law Review
Two weeks after burial of deceased, report was received of analysis of contents of the stomach, indicating death by poisoning. The coroner desired to hold an inquest for further investigation five weeks after burial, and sought to exhume the body for that purpose. The husband of the deceased sought to enjoin the exhumation. Held, the body may be exhumed. Sejrup v. Shepard, (Minn. 1937) 275 N. W. 687.
Witnesses - Effect Of Mental Deficiency On Competency And Credibility, Erwin B. Ellmann
Witnesses - Effect Of Mental Deficiency On Competency And Credibility, Erwin B. Ellmann
Michigan Law Review
Inquiry into the admissibility of evidence showing mental deficiency in a witness is suggested by State v. Teager, a recent decision of the Supreme Court of Iowa. Defendant, charged with assault with intent to commit rape, offered to prove by a school teacher that the complaining witness, a child twelve years old, was "at least two years behind in her school work . . . subnormal mentally . . . and ought to be in an institution . . . . " No objection had been made to the competency of such witness. It was held that the evidence …
Evidence - Judicial Notice Of Medical Facts - Judge's Right Of Private Investigation, Edward D. Ransom
Evidence - Judicial Notice Of Medical Facts - Judge's Right Of Private Investigation, Edward D. Ransom
Michigan Law Review
A recent case, Anderson v. Jersey Creamery Co., invokes a discussion of the problems of judicial knowledge particularly as it is pertinent to cases involving medical science. This was an action under the Survival Act for electrocution of defendant's employee, who, while working in a wet truck, came in contact with a charged conduit. To maintain the action it was necessary to show that the death was not instantaneous. The father of the deceased testified that he saw his son's face twitch and fingers move while resuscitation was being attempted with a pulmotor. The plaintiff produced no medical testimony …
Witnesses - Privileged Professional Communications As Affected By The Presence Of Third Parties, Dan K. Cook
Witnesses - Privileged Professional Communications As Affected By The Presence Of Third Parties, Dan K. Cook
Michigan Law Review
Interesting problems arise in regard to privileged communications when made to the professional confidant in the presence of a third person. Such problems are concerned with the manner and degree in which the privilege is altered or destroyed by the presence of such third persons. It is the purpose of this comment to discuss the attorney-client and physician-patient privileges as affected by the presence of a third person, where the professional confidant and his client or patient are aware of such presence.
Witnesses - Contradiction Of Party's Own Testimony By Other Witnesses Called By Him, Michigan Law Review
Witnesses - Contradiction Of Party's Own Testimony By Other Witnesses Called By Him, Michigan Law Review
Michigan Law Review
In an automobile guest action for injuries received when defendant drove his auto against the center pier of a viaduct on a city street, wherein the only defense was plaintiff's contributory negligence in remaining in the auto with knowledge that defendant was intoxicated, defendant testified that he was not under the influence of liquor. Held, defendant could not thereafter offer testimony of other witnesses to prove he was intoxicated at a time shortly after the accident, since his own testimony was in regard to facts peculiarly within his own knowledge and given apparently in good faith. Vondrashek v. Dignan …
Evidence Legislation At The 1937 Session
Admissibility Of Evidence Obtained By Unlawful Search And Seizure - Sugarman V. State
Admissibility Of Evidence Obtained By Unlawful Search And Seizure - Sugarman V. State
Maryland Law Review
No abstract provided.